'Last Of Few Green Spaces' : Supreme Court Expresses Discontent At Allotment Of Navi Mumbai Open Sports Complex To Commercial Builders

The Supreme Court today (September 27) took a serious view of the decision of Maharashtra Government to reallot the land earmarked for developing a sport complex to commercial builders in Navi Mumbai. 

The bench of CJI DY Chandrachud and Justice Manoj Misra was hearing the challenge to the order of the Bombay High Court which quashed the decision of the State Government to shift the 20 acres sports complex from Ghansoli, Navi Mumbai to Nanore Village in Raigad, Maharashtra. 

The CJI pointed the 'malafides' behind the decision of the State Government is shifting the sport complex land. 

"The malafides of the State Govt are clear that you shift a sports complex from Navi Mumbai to 115 Km! who will go there?" the CJI remarked 

Notably, in July the High Court also quashed the notification of City and Industrial Development Corporation of Maharashtra Limited (CIDCO)  to allot part of the land earmarked for the complex to Progressive Homes Builder. 

The CJI took objection to how green spaces such as Sector 12 and 13 in Navi Mumbai earmarked for building sports complexes were being reallotted for commercial development.

"We are so starved of green spaces, now this is probably the last of the green spaces - sector 13 and sector 12. Now Sector 12 will completely go to commercial malls etc" 

"You know what has been done by the public bodies in Maharashtra? whatever green spaces remain - entirety of it is picked and given to builders. These then become urban sprawls where people have no place to play, no place to go..." 

In a lighter vein, the CJI emphasizing the need for good sports complexes added "that's the only way we will be able to make gold medal winners in the next Olympics" 

During the hearings, the CJI recalled how the Priyadarshani Park in Mumbai was converted from a garbage dump to a green space by a lawyer named Mr BN Desai who subsequently went on to become Additional Solicitor General when the CJI was a Judge at the Bombay High Court. 

"He singlehandedly converted a garbage dump into a beautiful park. we require these remaining places in Mumbai, Navi Mumbai..." 

Solicitor General Tushar Mehta appearing for the State of Maharashtra explained that there are two categories of sports complexes, one being a regional one which is currently underway and is expanding across 36 acres and the other being  a state level sport complex. 

The SG mainly objected to the impugned order saying that the High Court has entered into the ambit of 'townplanning'. 

The CJI reiterating the reasoning of the High Court stressed the concern over dwindling green spaces in metropolitan cities. 

"These are the last few green lungs of the city, you have to understand why the High Court has taken this view. Look you have to preserve these areas, what are you doing to our cities? We just build, and build, and build that's all." 

The SG submitted that he will require time till next Friday to seek instructions from the State Government. 

The impugned judgement of the High Court came as a consequence of a PIL filed in 2019 questioning the reallotment of the land earmarked in 2003 under a government resolution for an International Level Sports Complex. The PIL was filed by the Indian Institute of Architects, Navi Mumbai Chapter. 

Case Details : THE CITY AND INDUSTRIAL DEVELOPMENT CORPORATION Versus INDIAN INSTITUTE OF ARCHITECTS AND ORS.| SLP(C) No. 21953/2024